Recognition of Qualifications
Directive 2005/36/EC on the Recognition of Professional Qualifications
Directive 2005/36/EC applies to EEA nationals with EEA qualifications who wish to practise a regulated profession in an EEA State other than that in which they obtained their professional qualifications, on either a self-employed or employed basis. Its intention is to make it easier for qualified professionals to practise their professions in European countries other than their own. Public health and safety and consumer protection are safeguarded through the qualification recognition process.
European Commission website
It is the responsibility of each applicant to inform themselves about Directive 2005/36/EC. The website of the European Commission http://europa.eu/youreurope/citizens/work/professional-qualifications/index_en.htm provides detailed information including:
- List of National Contact Points for the Directive (The National Contact Point in the member state in which your professional qualification was obtained can direct you to the relevant competent authority there to assist you in relation to documentary evidence on eligibility to practise and other Directive related matters.)
- Information on the European Professional Card (This is an electronic procedure which can currently be used by general care nurses, pharmacists, physiotherapists, mountain guides and real estate agents to have their qualifications recognised.)
- Information on providing services on a Temporary basis in another Member State
- Frequently Asked Questions.
The Commission website also provides guidance for stakeholders on the legal consequences on regulated professions and recognition of professional qualifications of the United Kingdom’s withdrawal https://ec.europa.eu/growth/content/brexit-%E2%80%93-guidance-stakeholders-impact-field-regulated-professions-and-recognition_en. UK nationals and persons holding UK qualifications should pay particular attention to this.
Recognition of Qualifications for Establishment under the General System of the Directive
Establishment refers to the pursuit of a profession in compliance with the rules relating to professional qualifications, including the related training conditions, and all the rules specific to the pursuit of the profession.
Qualification recognition is the process whereby certain non-Irish professional qualifications are assessed under Directive 2005/36/EC for their equivalence to Irish entry level qualifications for recruitment to the Irish publicly-funded health sector. These qualifications may be subject to amendment from time to time by the Health Service Executive. These professions cannot be employed in the publicly-funded health sector unless their qualifications have been recognised by the relevant competent authority.
Processing time periods
Applicants should be aware that the recognition process can take some time so you should not apply for positions until your qualifications have been recognised. The Directive requires that applications must be acknowledged within one month and the applicant informed of any incomplete information or missing document. A final decision must be communicated to the applicant within 4 months of submission of a complete application.
The general system provides for an assessment, on a case-by-case basis, of the qualifications of an applicant against those required to practise in the host member state. If the activities covered by the profession in the home and the host member state are not comparable, then the qualifications cannot be recognised. If the activities are comparable but deficits in the qualifications are identified, subsequent post-qualification professional experience of the applicant must be considered. If deficits still remain, the host country must offer an applicant a compensation measure i.e. a choice of completing an adaptation period or taking an aptitude test. It is therefore important that applicants submit full information on all relevant post-qualification work experience. Applicants should read the requirements of the recognition process in relation to specific professions at the relevant links beneath.
Witnessing of supporting documentation
Please see the note on witnessing of documentation for advice on submission of documentation.
Statement of equivalence
If granted recognition, a statement is issued to the applicant advising that the professional qualification they possess is equivalent to the Irish entry-level qualification and that the applicant is eligible for consideration for employment in the Irish publicly-funded health sector. Suitability for a particular post including, inter alia, qualification, fitness to practise, language proficiency and Garda vetting, if appropriate, is a matter for the individual employer. This statement is not time-limited. It is a valuable document and should be retained in a safe place. It is suggested that notarised copies be used for the purpose of recruitment and the original retained by the applicant as it may be required for future recruitment.
Statutory registration of health and social care professionals
It is the responsibility of successful applicants to ensure compliance with any future requirement in relation to statutory registration. The Health and Social Care Professionals Council at CORU has been established to provide for statutory registration of many categories of health and social care professions. It is anticipated that registration for such professionals will become a requirement over the coming years. Persons are advised to keep up to date with developments by checking the Council’s website www.coru.ie from time to time.
Temporary Provision of Service
The Guidelines for Service Providers describes the requirements of the Directive in relation to temporary service. This applies where a service provider (i.e. a self- employed person) intends to move to Ireland to pursue, on a temporary and occasional basis, the profession which they are legally established to provide in their home member state. It does not apply to employees or to any persons (self-employed or otherwise) working on a continuous and stable basis in the host member state. It applies in Ireland to those health professions for which statutory registration exists (i.e. doctors, nurses, midwives, dentists, pharmacists). Temporary service does not apply to any of the other professions listed on this web page as the recognition process is for the purpose of recruitment to the publicly-funded health sector only; persons can be employed in the private sector or be self-employed without having their qualifications recognised.
Irish Health Competent Authorities
A list of Irish Health Competent Authorities under the Directive is available here. All queries on the recognition of qualifications and on temporary provision of services should be addressed to the relevant Competent Authority.
The Minister for Health is the competent authority for several health and social care professions. The Health Service Executive administers the process on behalf of the Department of Health in respect of the following profession:
Information on the process in respect of this profession is available at www.hse.ie/eng/staff/Jobs/Validation/
The Department of Health, through the Validation Unit (email@example.com), administers the process in respect of the following professions. Please access the relevant link beneath for information on the application process for that profession:
Please note the new postal address for the Validation Unit:
Department of Health
Block 1, Miesian Plaza
50 – 58 Lower Baggot Street
Other useful information for applicants
Right of Appeal
Regulation 83 of S.I. No. 8 of 2017 states that an applicant may appeal to the High Court any decision of a competent authority or any failure of a competent authority to make a decision, in relation to the application by him/her. Such an appeal shall be brought within 42 days either of the date upon which the decision concerned is communicated to the applicant concerned, or in the case of failure to make a decision within 42 days of the expiration of the periods within which the decision or acknowledgement should have been made.
should have been made.
An applicant who intends to make an appeal may wish to contact a solicitor practising in Ireland.
A decision of the High Court on an appeal under this Regulation is final and cannot be appealed further.
External Complaints Mechanism – SOLVIT
SOLVIT is an informal problem-solving network established by the European Commission. It was created to solve problems that EU citizens or businesses may experience with the public administrations of EU Member States. The SOLVIT centres are committed to obtaining a response within ten weeks without prejudice to the right of their clients to pursue other action, including legal action, if they are not satisfied with the response. SOLVIT can be contacted at its office in the applicant’s home country.
Careers with the Health Service Executive
The Health Service Executive (HSE) is responsible for the delivery of health and social services in Ireland. Information on its service is provided on www.hse.ie
All available positions in the HSE are advertised on www.careersinhealthcare.ie and in national and local press each week.
Positions may also be advertised on the Public Appointments Service website www.publicjobs.ie.
Employment permits and residency rights
The recognition of qualifications is without prejudice to any right to work or to residency in Ireland. Applicants should access the website of the Department of Business, Enterprise and Innovation for information on employment permits and the website of the Irish Naturalisation and Immigration Service in relation to residency.
Requests from Non-Irish Authorities/Employers for Verification Good Standing or Professional Status
The Validation Unit at the Department of Health regularly receives requests from non-Irish authorities for verification of good standing or professional status in respect of certain health and social care professionals who state that they have practised their profession in Ireland or who have Irish qualifications. The Validation Unit is not in a position to provide this documentation as there is at present no system of statutory registration for such professionals in Ireland (see Information note).